United States v. Wyatt, No. 16-1729 (8th Cir. 2017)
Annotate this CaseDefendant appealed his conviction and sentence for being a felon in possession of a firearm. The court concluded that defendant's indictment sufficiently charged him with unlawful possession of a firearm, set out the necessary elements for unlawful possession, and fairly informed defendant of the charge he was facing. The court also concluded that the district court correctly followed precedent and applied the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), enhancement where this court has unequivocally rejected defendant's argument that the jury must find the convictions used to enhance a sentence were committed on separate occasions. Accordingly, the court affirmed the judgment.
Court Description: Riley, Author, with Wollman and Kelly, Circuit Judges] Criminal case - Criminal law. The indictment was sufficient to charge defendant with unlawful possession of a firearm and inform him of the charge against him; claim that a jury must find that convictions used to enhance a sentence were committed on separate occasions has been unequivocally rejected by this court - see U.S. v. Harris, 794 F.3d 885 (8th Cir. 2015).
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